SCHOOL OF LAW 2022-2023: LLM MODULE SYLLABUS
Module Code:
SOLM024
Module Title:
Comparative Contract Law
Number of Credits
30
Semester and Block Taught:
Semester: 2 Block: C & D
Module Convenor:
Mark Van Hoecke
m.vanhoecke@qmul.ac.uk
OFFICE 216A Law building Mile End
OFFICE HOURS: upon appointment via e-mail
Assessment:
Course Essay - 5000 words
Tutorials (if applicable)
. If tutorials will be offered (depending on the number of students, these tutorials will mainly focus on the preparation for the essay.
Additional Module Information:
Strongly recommended study material:
Jan M. Smits, Contract Law. A Comparative Introduction, 3rd ed., Cheltenham: Edward Elgar, 2021
Hugh Beale, e.a., Cases, Materials and Text on Contract Law. Ius Commune Casebooks for the Common Law of Europe, 3rd ed., Oxford: Hart, 2018
Teaching Team and Contact Details
See above
Module Overview
Module Description
This optional module aims at offering a thorough analysis of French, German and English contract law from a comparative perspective. After an overview of the worldwide strong position of English, French and German private law, and most notably contract law, their historical roots will be analysed, including their mutual influence. Core concepts in the different legal systems will be discussed (cause/consideration; implied terms/moral principles; objective/subjective interpretation; etc.) and the more practically oriented English approach as opposed to the use of general principles on the continent (reasonableness, good faith, fairness, equilibrium, protection of the weaker party). Also, the influence of EU law will be discussed.
Reading List
STRONGLY RECOMMENDED READING:
Jan M. Smits, Contract Law. A Comparative Introduction, 3rd ed., Cheltenham: Edward Elgar, 2021
Hugh Beale, e.a., Cases, Materials and Text on Contract Law. Ius Commune Casebooks for the Common Law of Europe, 3rd ed., Oxford: Hart, 2018
Recommended reading
J.Cartwright & S.Whittaker (eds) The Code Napoleon Rewritten, Oxford, Hart: 2017, 507 pages (including the new provisions on contract law, introduced in the Civil Code by the Ordonnance n° 2016-131 of 10 February 2016, at pages 411-487, in French and in English)
Basil S. Markesinis, Hannes Unberath & Angus Johnston, The German Law of Contract: A Comparative Treatise 2nd ed. Oxford: Hart, 2006
Raoul C. van Caenegem, An Historical Introduction to Private Law, Cambridge University Press 1992, 215 pages (including both Civil Law and Common Law)
M.Reimann & R.Zimmermann (eds) The Oxford Handbook of Comparative Law, Oxford University Press 2006 (several chapters)
The students will find on QMplus an extensive bibliography for comparative contract law, which should be helpful for choosing a topic and preparing for their essay.
Module Code:
SOLM024
Module Title:
Comparative Contract Law
Number of Credits
30
Semester and Block Taught:
Semester: 2 Block: C & D
Module Convenor:
Mark Van Hoecke
m.vanhoecke@qmul.ac.uk
OFFICE 216A Law building Mile End
OFFICE HOURS: upon appointment via e-mail
Assessment:
Course Essay - 5000 words
Tutorials (if applicable)
. If tutorials will be offered (depending on the number of students, these tutorials will mainly focus on the preparation for the essay.
Additional Module Information:
Strongly recommended study material:
Jan M. Smits, Contract Law. A Comparative Introduction, 3rd ed., Cheltenham: Edward Elgar, 2021
Hugh Beale, e.a., Cases, Materials and Text on Contract Law. Ius Commune Casebooks for the Common Law of Europe, 3rd ed., Oxford: Hart, 2018
Teaching Team and Contact Details
See above
Module Overview
Module Description
This optional module aims at offering a thorough analysis of French, German and English contract law from a comparative perspective. After an overview of the worldwide strong position of English, French and German private law, and most notably contract law, their historical roots will be analysed, including their mutual influence. Core concepts in the different legal systems will be discussed (cause/consideration; implied terms/moral principles; objective/subjective interpretation; etc.) and the more practically oriented English approach as opposed to the use of general principles on the continent (reasonableness, good faith, fairness, equilibrium, protection of the weaker party). Also, the influence of EU law will be discussed.
Reading List
STRONGLY RECOMMENDED READING:
Jan M. Smits, Contract Law. A Comparative Introduction, 3rd ed., Cheltenham: Edward Elgar, 2021
Hugh Beale, e.a., Cases, Materials and Text on Contract Law. Ius Commune Casebooks for the Common Law of Europe, 3rd ed., Oxford: Hart, 2018
Recommended reading
J.Cartwright & S.Whittaker (eds) The Code Napoleon Rewritten, Oxford, Hart: 2017, 507 pages (including the new provisions on contract law, introduced in the Civil Code by the Ordonnance n° 2016-131 of 10 February 2016, at pages 411-487, in French and in English)
Basil S. Markesinis, Hannes Unberath & Angus Johnston, The German Law of Contract: A Comparative Treatise 2nd ed. Oxford: Hart, 2006
Raoul C. van Caenegem, An Historical Introduction to Private Law, Cambridge University Press 1992, 215 pages (including both Civil Law and Common Law)
M.Reimann & R.Zimmermann (eds) The Oxford Handbook of Comparative Law, Oxford University Press 2006 (several chapters)
The students will find on QMplus an extensive bibliography for comparative contract law, which should be helpful for choosing a topic and preparing for their essay.
